Process underway for Labour Board’s establishment of a Public Service Interest Commission.
As per federal law, our Bargaining Team contacted the Public Service Labour Relations Board this spring when negotiations reached impasse. While we returned to the bargaining table in June, we made no progress as CBSA/Treasury Board continue to insist on concessions and continue to reject our call for parity with other federal enforcement workers working under the Ministry of Public Safety.
Under the Public Service Labour Relations Act, a Public Interest Commission (PIC) is set up if the parties reach impasse and are unable to reach an agreement. A PIC consists of a Chair named by the Labour Board and one representative from each side (union and employer). Once the Commission is created, its representatives set dates for a hearing in which both parties submit arguments and documentation in support of their respective positions. The PIC then issues a recommendation for settlement. The recommendation is non-binding. A PIC is not an arbitration board. In the event that we do not reach an agreement via the PIC process, we would then be in a position to conduct membership votes for potential job action.
We have submitted our list of matters of dispute to the Labour Board, as well as the name of our representative for the PIC. We are now awaiting confirmation from the Board as to the chair to be named for the PIC. Also, the Employer has proposed that the parties attempt mediation to see if a mediated settlement can be reached. We have taken the position that if there are to be mediated talks then such talks should be incorporated into the PIC process, with the representatives on the Commission acting as mediators. We will await confirmation regarding mediation once the PIC is established.
We have told CBSA/Treasury Board that we are prepared to return to the bargaining table should management receive a new mandate and be prepared to seriously resolve the issues that we have raised in negotiations. In the meantime, we will continue to follow the dispute resolution process provided for under the law.
We will be sure to update as things progress. Collective bargaining in the public service is restrictive and often lengthy because of the process prescribed by legislation.
